GOVERNMENT RECORDS ACCESS AND MANAGEMENT
A. Appointed: There shall be appointed a records officer to oversee and coordinate records access, management and archives activities. The records officer shall make quarterly reports of records services activities to the city manager.
B. Designation By Each Agency Of City: A person may be designated by each agency of the city to assist with and to work under thedirection of the records officer in implementing the policies and procedures set forth in this chapter. (Ord. 2006-16, 10-24-2006)
A. Procedures Developed: Records maintenance procedures shall be developed to ensure that due care is taken to maintain and preserve appropriate city records safely and accurately over the long term. The records officer shall be responsible for monitoring the application and use of technical processes in the creation, duplication and disposal of city records. The records officer shall monitor compliance with required standards of quality, permanence and admissibility pertaining to the creation, use and maintenance of records.
B. Ownership Of Records: All city records shall remain the property of the city unless federal or state legal authority provides otherwise. Property rights to city records may not be permanently transferred from the city to any private individual or entity, including those legally disposable, obsolete city records of city archives or any agencies. This prohibition does not include the providing of copies of city records otherwise produced for release or distribution under this chapter.
C. Delivery Upon Expiration Of Term: Custodians of any city records shall, at the expiration of their terms of office, appointment or employment, deliver custody and control of all records kept or received by them to their successors, supervisors or to the records officer.
D. Agencies Of City: All records which are in the possession of any city agency shall, upon termination of activities of such agency, be transferred to any successor agency or to the city archives; provided, that such transfer is consistent with the formal provisions of such termination. (Ord. 2006-16, 10-24-2006)
A. Authority: Members of the public shall have the right to see, review, examine and take copies, in any format maintained by the city, of all city governmental records defined as "public" under the provisions of the act, upon the payment of the lawful fee and pursuant to the provisions of this chapter, the act and policies and procedures developed hereunder.
B. No Obligation To Create Record: The city has no obligation to create a record or record series in response to a request from a member of the public, if the record requested is not otherwise regularly maintained or kept.
C. Custodial Agency: When a record is temporarily held by a custodial city agency pursuant to that custodial agency's statutory and ordinance functions, such as records storage, investigation, litigation or audit, the record shall not be considered a record of the custodial agency for the purposes of this chapter. The record shall be considered a record of the agency or agencies which usually keeps or maintains that record and any request for access to such records shall be directed to that agency or agencies, rather than the custodial agency, pursuant to procedures established by the city.
D. Formal Filing: Only when records have been formally filed for permanent archival retention shall city archives be responsible for responding to records requests. (Ord. 2006-16, 10-24-2006)
A. Public Records: Public records shall be those city records as defined in the act, section 63-2-201 and 63-2-301, Utah Code Annotated, as amended. Public records shall be made available to any person. All city records are considered public unless they are:
1. Expressly classified otherwise in accordance with policies and procedures established by this chapter;
2. Are so classified by the act; or
3. Are made nonpublic by other applicable law.
B. Private Records: Private records shall be those city records classified as "private", as defined in section 63-2-302 of the act and as classified and defined in procedures established pursuant to the act.
C. Controlled Records: Controlled records shall be those city records classified as "controlled", as defined in section63-2-303 of the act and as classified and defined in procedures established in the act.
D. Protected Records: Protected records shall be those city records classified as "protected", as defined in section 63-2-304 of the act and as classified and defined in procedures established in the act. (Ord. 2006-16, 10-24-2006)
A. Scope; Authority: The city recognizes and upholds the personal right of privacy retained by persons who may be the subject of governmental records. The city also recognizes that the act and Utah case law establish a presumption that governmental records will generally be considered open and public, with certain exceptions. In circumstances where a record's public or nonpublic status is not specifically established by the act or another statute, by this chapter or by policies established or classifications made under this chapter, the public's right to access and the record subject's right of privacy must be compared. In accordance with decisions of the Utah supreme court, city records which have not been specifically made public by the act and which render to named or readily identifiable individuals which deal with matters of a delicate nature which could endanger shame, humiliation or embarrassment in the subject of that record, in accordance with accepted standards of social propriety, shall generally not be classified as public records and release thereof may constitute a clearly unwarranted invasion of privacy, in accordance with the act. Under circumstances and procedures established by this chapter, certain items of data may be rendered nonpublic, although other items of data in the record, or the record itself, may be classified public.
B. Notification To Subject Of Record: The city may, as determined appropriate by the agency director of the agency responding to a request for records, notify the subject of the record that a request for access to the subject's records has been made.
C. Written Release: The city may require that the requester of records provide a written release, notarized within thirty (30) days before request, from the subject of the records in question before access to such records is provided. (Ord. 2006-16, 10-24-2006)
A. Written Request: Under circumstances in which the city or an agency is not able to immediately respond to a records request, the requester shall fill out and present to the city or the agency a written request on forms provided by the city. The date and time of the request shall be noted on the written request form and all time frames provided under this chapter shall commence from that time and date. Requesters of nonpublic information shall adequately identify themselves and their status prior to receiving access to nonpublic records.
B. Response: The city or the agency may respond to a request for a record by approving the request and providing the records, denying the request or such other appropriate response as may be established by policies and procedures.
C. Time Limits:
1. Specified: In most circumstances and excepting those eventualities set forth below, the city or the agency shall respond to a written request for a public record within ten (10) business days after that request.
2. Extraordinary Circumstances: Extraordinary circumstances shall justify the city's or the agency's failure to respond to a written request for a public record within ten (10) business days and shall extend the time for response thereto to that time reasonably necessary to respond to the request, as determined by the city or the agency director. Extraordinary circumstances shall include, but not be limited to, the following:
a. The agency, another agency or some other governmental entity is currently and actively using the record requested;
b. The record requested is for either a voluminous quantity of records or requires the agency to review a large number of records or perform extensive research to locate the materials requested;
c. The agency is currently processing either a large number of records requests or is subject to extraordinary seasonal workloads in the processing of other work;
d. The request involves an analysis of legal issues to determinethe proper response to the request;
e. The request involves extensive editing to separate public data in a record from that which is not public; or
f. Providing the information request requires computer programming or other manipulation.
3. Estimate Of Time For Response: When a record request cannot be responded to within ten (10) days, the city or the agency director shall give the requester an estimate of the time required to respond to the request.
D. Failure To Respond: The failure or inability of the city or an agency to respond to a request for a record within the time frames set out herein or the city's or agency's denial of such request, shall give the requester the right to appeal as provided in section 1-10-15 of this chapter.
E. Disposable Records:
1. Any city record which has been requested in accordance with this chapter and the act, that is disposable by approved retention schedule, may not be disposed of until the request is granted and fulfilled, or sixty (60) days after all appeals are completed, pursuant to section 1-10-15 of this chapter.
2. No city record, disposable by approved retention schedule, which is subject to pending litigation or audit shall be disposed of until the litigation or audit has been completed or resolved. (Ord. 2006-16, 10-24-2006)
A. Authority; Exceptions: The city may charge a reasonable fee to cover the city's costs of duplicating and compiling records requested by any person. The fees may be set and amended from time to time. The city may fulfill a record request without charge when it determines that:
1. Releasing the record primarily benefits the public rather than a person;
2. The individual requesting the record is the subject of the record; or
3. The requester's legal rights are directly implicated by the information in the record and the requester is impecunious.
B. Review Not Subject To Fee: The city may not charge a fee for reviewing a record to determine whether it is subject to disclosure or for inspecting a record. (Ord. 2006-16, 10-24-2006)
A. Request; Information Required: Any person aggrieved by the city's classification of a record or by the city's or any agency's response to a record request may appeal the determination within thirty (30) days after notice of the city's action to the city manager by filing a written notice of appeal. The notice of appeal shall contain the petitioner's name, address, phone number, relief sought and shall set forth in detail a statement of the facts, reasons and legal authority relied upon in making the appeal.
B. Business Confidentiality: If the appeal involves a record that is subject to business confidentiality or affects the privacy of an individual, the city manager shall send a notice of the requester's appeal to the affected person. In the event the record involves business confidentiality the claimant shall have seven (7) business days after notice is sent by the city manager to submit further support for the claim of business confidentiality.
C. Determination By City: The city manager shall make a determination on the appeal within five (5) days after receipt of the appeal or within twelve (12) days after the governmental entity sends the requester's notice of appeal to a person who submitted a claim of business confidentiality. The city manager shall send written notice to all participants providing the city manager's determination on the appeal and the reasons therefor and shall include a statement that the requester has the right to appeal the denial to either the state records committee or district court.
D. State Records Committee Or District Court Review: If the city manager affirms the denial, in whole or in part, the person maypetition the state records committee as provided in section 63-2-403 of the act or petition for judicial review in district court as provided in section 63-2-404 of the act. (Ord. 2006-16, 10-24-2006)
A. Criminal Prosecution: Any city employee who knowingly refuses to permit access to records in accordance with the act and this chapter, who knowingly permits access to nonpublic records, or who knowingly, without authorization or legal authority, disposes of, alters or removes records or allows other persons to do so in violation of the provisions of the act, this chapter or other law or regulation may be subject to criminal prosecution and disciplinary action, including termination.
B. Nonliability For Damages: In accordance with the act, neither the city nor any of its agencies or employees shall be liable for damages resulting from the release of a record where the requester presented evidence of authority to obtain the record, even if it may be subsequently determined that the requester had no such authority. (Ord. 2006-16, 10-24-2006)